Lockley v. Tatum

Full title: EDUARDO L. LOCKLEY, Petitioner, v. CLAY TATUM, WARDEN, Respondent

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Jun 21, 2011

CIVIL ACTION NO. 5:10-CV-383 (MTT) (M.D. Ga. Jun. 21, 2011)

Opinion

CIVIL ACTION NO. 5:10-CV-383 (MTT).

June 21, 2011

ORDER

MARC TREADWELL, District Judge

This matter is before the Court on the Recommendation to Deny (the "Recommendation") of United States Magistrate Judge Charles H. Weigle. (Doc. 11). The Magistrate Judge, having reviewed the Respondent's Motion to Dismiss (the "Motion"), recommends denying the Motion because the weight of the evidence supports the Petitioner's claim that he filed a timely federal habeas corpus petition. The Respondent did not file an objection to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Motion is DENIED.

SO ORDERED.